C.D. # 43340 Hwy 40 Flood Control Land LeaseDUPLICATE NAL
City's CopyORIGI
C, D, go. 43340
(� TM3 AGRUMENTj, made and entered Into this
day of 1957's
and between MON ?AC '1C RAMOAD COMPANY, a corporation
V the State of Utah (hereinafter called "T4esso.r").# party of
he firit part, and the CIS (W $AIANA* a WPiclpal corpora**
ion of the State of Kansas {hereinafter called ►soee
art IT
y of the .66cond part, WXTNM R1
Section I.. The Looser hereby les sq -0 to the Lessee
,-a term of eighteen (18) months, commencing on the lot day
A
usurst,'.195T, unless.sooner terminated In accordance with.
terms hereof, the premises of the Lessor situated at
Saline County.. Kansas, shown outlined by yellow linen
the print hereto attachedp dattd.July 11, 1951, marked
"Exhibit A.." and hereby made a part herooto said promisee
Ing hereinafter referred to for convenience as "leased
emises," to be used for detour public street or highway
9e.atign-1-1/2. Said detour pUbli;e street or highway
*hall be constructed,, repaired andLmaintained by and at the
of the 146-SeS.
1
M1 h1w
25yr
Section 2. As a consideration for this lease the
Lessee .agrees to pay in advance to� the Lessor a rental of ve
Owe 0% VW11 the .b I to assume all taxes and
a8sessm,ents :,,levied upon the leased premises during the con,-
tinuance of anis lease, not including taxes or assessments,.
levied against the leased premises as a component part.of.the
railroad property of the Lessor in the state as a whole; to
"construct, and ruaintain the highway on .the leased premises in
accordance with plans and profiles submitted to and approved
by the Chief Engineer of the Lessor before the work is com-
ru6nced; to keep the leased premises free from combustible
material; to plant no trees or shrubbery, and to erect no-,'
structures thereon except such as may be necessary for high-
way purposes; to put nothing upon the leased premises which
might.obstruct or interfere with the view; to provide, in
locations`'and in accordance with plans approved by the Lessor
before the,work is.commenced, such ditches, culverts, bridges
and other. structures as may be necessary properly to care for
the drainage from said premises and the adjoining right of
way of the Lessor; and to•hold the Lessor harmless from any'
and all damages to any of such structures on said leased
premises arising from fire caused directly or indirectly by
spark: or fire emitted from the.engines or trains of the.
Lessor; and further to hold the Lessor harmless from any
damages to the highway upon the leased premises which may
result from the'construction.or maintenance of drainage
ditches or waterways by the Lessor.
The'Lessee shall, in the construction, maintenance
and improvement. of the highway on the leased premises, take.
every precaution to prevent damage to, or the impairment.of
the stability of, the poles in any pole line of the Lessor
or.cf its tenants; and the Lessee shall, at its own expense,°<
reset or relocate, at and under the direction of the Lessor
any pole or poles that are, or are likely to be, damaged or.
weakened because of the construction of said. highway or.the.
mainte_nan.ce-or,improveinent of the same,or shall reimburse
the Lessor for the cost of resetting or relocating any such
pole or poles if,the Lessor elects.to do the work itself.
Section 3. In connection with the construction of
the highway on the -leased premises the Lessee shall assume
the cost of any necessary changes within the limits of the
rirght of way of the Lessor in the construction,, grad..e..or
drainage of highways or other roadways crossing said right
of way.
2
t� h/w
25
Section 4. The Lessor reserves the right to take
possesgion of all or any portion of the leased premises when-
ever the use thereof may become necessary or expedient, in
the judgment of the Lessor, for railroad purposes, including
the location of public or private warehouses, elevatorq or
other structures with the design to facilitate and promote
traffic, or for, or in connection with, drilling -for or
mining of oil, gas, coal and other minerals of whatsoever
nature underlying the leased premises by the Lessor or by
others with its permission; PROVIDED, however, that in the
event the Lessor elects to take possession of all or any
portion of the leased premises in accordance with this
reservation, it shall first serve upon the Lessee ninety
(90) days' written notice of such election.
Section 5. The Lessor reserves the right to cross
the leased premises with such railroad tracks as may be re-
quired for its convenience or purposes in such manner as not
unreasonably to interfere with their use as a public highway.
In the event the Lessor shall place tracks upon the leased
premises in accordance with this reservation, it shall, upon
completion of such tracks, restore the highway across the
same to its former state of usefulness.
Section 6. The Lessee shall not use the leased
premises or permit them to be used except for the usual and
ordinary purposes of a street or highway, and it is expressly
understood and agreed that such purposes shall not be deemed
to include the use by the Lessee, or by others, of the leased
premises for railroad, street or interurban railway or other
rail transportation purposes or for the construction or main-
tenance of electric power transmission lines, gas, oil or
gasoline pipe lines.
Section 7. This lease is subject to all outstand-
ing superior rights (including those in favor of telegraph
and telephone companies, and leases to abutting property
owners and others and to the right of the Lessor to renew
and extend the same; and it is understood that nothing in
this lease contained shall be construed as a covenant to put
the Lessee into possession or to protect the Lessee in the
peaceable possession of said premises.
Section 8. No special assessments for establish-
ing or improving the highway located upon the leased premises
are to be made against the adjacent railroad right of way.of
the Lessor, and the Lessee agrees to protect the Lessor
against and save it harmless from such special assessments.
3
n/f -
25yr
Section For the purpose of protecting the
reversionary interests of the Lessor against the assertion
of adverse rights, the Lessee agrees to prevent encroach-
ments upon the leased premises, and to this end will, at its
own expense, take all necessary action, including as far as.
practicable the building of its ditches on and the borrowing
of.earth..from the outer margin of said leased premises.
Section 10. If the Lessee should breach or fail
Ito keep any of the covenants or conditions hereof, or fail
to perform such covenants or conditions, or.to.remedy the
same for thirty.(30) days after written notice of such fail-
ure or breach on the part of the Lessee, given by the Lessor
to the Lessee, then this lease shall be null and void.
Section 11. Non-user by the,Lessee of the leased
premises for highway purposes c ntinuingat any time during
the term hereof for a period of months shall,
at the option of the Lessor, work a termination of this
lease and,of allrights of the Lessee hereunder, and.non-user
by the Lessee of a portion of said leased premises continuing
for a like, period shall,. at the option of. the Lessor, work a
termination of all. rights and interests of the Lessee with
respect to such portion.
Section 12. This lease is not to be assigned,
nor is any.portion of the leased premises to.be sublet,
without the written consent of the Lessor. The Lessee will
surrender peaceable possession of said premises at the ex-
piration of this lease.
Section 13. All covenants and agreements herein
recited are made by the parties hereto for,,and shall be
binding upon; themselves and their successors and assigns.
IN VuITNESS WHEREOF,'the parties hereto have caused
of 4
this Instrument t4 be executed in dapl,leate as of the . state
first harem written
UNION PACIP%-C GAD CONFAWS
CIW Of -MINA
5
RESOLUTION N0. 1868
VIM= the AC- 3010 W1X00 COVAM h# .
Ot - nsas, � #�;�►emeht.
tender . the I� S�:: Sts�ts�Im
cover , „ lease of , portion ter the ' r1 t Of ' y ��`
�ftmp4ny for detour public street or highway *AWPOS08 in
ftlina: ftneasl said agreement bei Idem `ied as ��9n
RallrmW Oompany's C. Di.
Board of Commissioners
WHEREAS, the "of the City of
has said proposed agreemen a ore it and has given it careru
review and consideration; and
WHEREAS, it is considered that the best interests of
said City of o`&state a will be
subserved by a acceptance of said' agreement -
THEREFORE, BE IT RESOLVED BY THE Ci%`�0MM'
CITY OF .SAL, at* NAMUs
-That the terms of the.agreement submitted by the
Union Pacific Railroad Company as aforesaid be, and the same
are hereby, accepted in behalf of said City;
That the Mayor of said Cit is hereby authorized,
empowered and directed to execute said agreement on behalf of
said City, and that the City Clerk of said City is hereby
authorized and directed to attest said agreement and to attach
to each duplicate original of .said agreement a certified copy
of this resolution.
STATE OF
ss
COUNTY OF
I, H. Ea Peterson ,r , City Clerk of the
City of - _ -, hereby certi-
fy chat a v an orego ng s �' u and correct
copy of a resolution adopted by the Q@ty of
State of, site , at a meeting held
according to law at s} _ , on the
13th day of August, , 19-57-..
.,
as the same appears on file and of record in this office.
and affixedNthescorpo corporate seal'of said ave City, thisset my hand
13J& �day of , 19 ..
(Sear City Clerk of the City of
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Exhibit "A"
UNION PACIFIC RAILROAD COMPANY
Salina, Saline County, Kansas
to accompany agreement with
City of Salina covering lease,
of R/W for construction of temp.
highway detour
Scales 1" = 100+
Office of Div. Engineer
Kansas City, Missouri
July 11, 1957
* LEGEND *
Area to be leased outlined. YFLLOW
RR right of way outlined. .RED